A federal court of appeals is hearing arguments regarding the legality of the Deferred Action for Childhood Arrivals (DACA) program. The policy was created in 2012 to allow children who arrived in the U.S. as undocumented immigrants a legal basis to remain. The program grants some limited legal rights, including living and working in the U.S. until the age of adulthood. This round of DACA arguments is being heard on July 6, 2022.

Per U.S. Citizenship and Immigration Services (USCIS), over 611,000 individuals are registered under DACA. The program remains under legal scrutiny. The outcome of these hearings may affect those already in the program, as well as those hoping to benefit from DACA.

Dreamers, as individuals enrolled in DACA are often referred to, contribute to the U.S. in many ways. Homeownership, degrees, employment, and overall supporting the U.S. economy are cited. Those challenging the program state undue pressure has been placed on states and is an example of executive overreach.

In July 2021, a Southern District of Texas judge ruled DACA unlawful, blocking the U.S. government from granting additional applications. However, existing program participants were allowed to retain their benefits while legal proceedings continue.

In response, the Department of Homeland Security (DHS) Secretary stated a public rulemaking process would be started to retain DACA. Subsequently, the Office of Management and Budget received a proposed DACA regulation. Once reviewed, the regulation will be released, estimated to be complete in August 2022.

The Justice Department started the appeals process to the Texas judge’s ruling. Additional groups appealed. These actions are happening simultaneously.

The three areas of primary consideration for arguments include:

  • proving some injury to the state has occurred, caused by DACA, and there is a legal basis to challenge the policy,
  • procedures were not followed when launching the policy, and
  • overall legality of the policy.

It’s important to note that recent Supreme Court rulings have limited lower courts’ ability to block some immigration policies. In those findings, lower courts are limited to providing relief to individual challengers but do not have the authority to limit immigration officials from their practices.

It is unknown if this case will eventually be heard by the Supreme Court. However, in previous dissenting opinions, three justices stated they believe the program to be unlawful.

If you have questions about DACA or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing legal actions that may affect U.S. immigration to ensure our clients get the right advice.

daca Deferred Action for Childhood Arrivals (DACA)